Madras High CourtCRL OP(MD)/13505/2020allowed

K.Ramesh v. The Inspector Of Police

2020-11-27Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P(MD)No.13505 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2020

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU Crl.O.P(MD)No.13505 of 2020 K.Ramesh : Petitioner/ Sole Accused Vs.

1.State represented by the The Inspector of Police, South Police Station, Tuticorin District.

Crime No.299 of 2019.

:1st Respondent/Complainant 2.M.Velkani :2nd Respondent/Defacto Complainant 3.M.Muthumala :3rd Respondent/Victim PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to quash the Spl.S.C.No.70 of 2019 on the file of the POCSO Court, Tuticorin.

For Petitioner : Mr.KA.Raamakrishnan For Respondents : Mr.R.Srinivasan, Government Advocate, for R1.

: Mrs.Gayathri, for R2 & R3.

O R D E R

Heard both sides.

2.This Criminal Original Petition has been filed to quash the Spl.S.C.No.70 of 2019, pending on the file of the POCSO Court, Tuticorin.

3.The respondents 2 and 3/ defacto complainants, as well as the petitioner/accused are present before this Court through video conference and they are identified by the respective learned counsel and both the parties have filed joint compromise memo stating that the matters in issue between them has been amicably resolved and therefore, the respondents /complainants are not willing to prosecute the case and therefore would pray for quashing the Spl.S.C.No.70 of 2019.

4. The compromise memo is filed before this Court and the parties are also present personally along with their respective counsels and the learned Government Advocate would state that he has verified their identity. The relevant portion from the Joint Compromise Memo filed by the parties is extracted as under: ''4.Whereas the 2nd and 3rd Respondents resolved not to proceed with the criminal case in the trial any https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.13505 of 2020 further either against the Petitioners.

5.Whereas in the light of the above compromise, the parties hereto shall not interfere with their personal life of each other with any issues or claims hereafter at any point if time between them. Therefore, the 2nd and 3rd Respondents agreed to Quash the proceedings in Spl.S.C.No.70/2019 on the file of the POCSO Court, Tuticorin before this Hon'ble Court."

5. In the result, by recording the compromise, this Criminal Original Petition is allowed and the proceedings in Spl.S.C.No.70 of 2020, pending on the file of the POCSO Court, Tuticorin, is quashed. Sd/- Assistant Registrar (crl.side) // True Copy // / /2020 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

ENCL: Xerox Copy of Joint Compromise Memo To:- 1.The Inspector of Police, South Police Station, Tuticorin District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.13505 of 2020 27.11.2020 SE(CO) KB(09.12.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2